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#1 Posted : 18 June 2004 13:58:00(UTC)
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Posted By Zoe Barnett Daft question but hey, it's Friday and my brain is starting to melt... In the event of an accident, am I right that there is no reason why the third party (in this case the independent school attended by a student injured on LEA property) cannot be sent copies of risk assessments and accident reports? Is there anything to stop us also providing copies of investigation reports? Your help will be appreciated as ever!
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#2 Posted : 18 June 2004 14:18:00(UTC)
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Posted By Jimmy No, but let them request them first!!
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#3 Posted : 18 June 2004 20:39:00(UTC)
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Posted By John Murgatroyd Not if they disclose personal details of individuals. If they give details of injuries to people, or names and address of individuals, then at best you need professional advice.
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#4 Posted : 21 June 2004 10:37:00(UTC)
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Posted By Stuart C I would say that before disclosing this information you should have the permission of the injured party.
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#5 Posted : 21 June 2004 12:40:00(UTC)
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Posted By Allan St.John Holt Don't get tied up over the Data Protection Act - that's not relevant to what you describe. The issue here is confidentiality - you can't disclose details of an injury (other than to a statutory authority such as the HSE) without the person's permission. If they say no, then you can't. This is Human Rishts stuff, not DPA, as the HSE belatedly discovered over Accident Books. Allan
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#6 Posted : 21 June 2004 19:28:00(UTC)
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Posted By John Murgatroyd Actually, it's both. But mainly the human rights act. You cannot dislose any medical details without, preferably, written permission. "the protection of personal data, not least medical data, is of fundamental importance to a person’s enjoyment of his or her right to respect for private and family life as guaranteed by Article 8 of the Convention. Respecting the confidentiality of health data is a vital principle in the legal systems of all the Contracting Parties to the Convention"
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#7 Posted : 25 June 2004 19:55:00(UTC)
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Posted By Laurie If your accident report contains anything that could be construed as an admission of liability you may be giving your insurers an opt out! Check with your insurers; this is their decision Laurie
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#8 Posted : 26 June 2004 12:38:00(UTC)
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Posted By John Murgatroyd Ahh, insurers, a subject dear to my a**e. It doesn't MATTER whether or not you WERE liable. If the cost of fighting is higher than the "no admission of liability" settlement then they'll settle with no fight. Best rule ? Don't admit anything at all, ever. To anyone. Don't even say it was your fault in your prayers. Go through your "safety policy" with a solicitor and DON'T rely on your H&S consultant to get it right. They don't. Clauses like: "all floors to be kept free of tripping hazards, no wires, cables or hoses" are a compensation solicitors delight...especially if you cannot work with those requirements kept to. But carry-on, my companies safety policy (carefully drawn-up by their H&S consultants) has cost them £14500.00 so far, with more to be paid in the future.
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